General Data Protection Regulation

Following the GDPR, the California Consumer Privacy Act (CCPA) and other newly introduced state privacy legislation, the Washington Senate has proposed its own GDPR-like consumer privacy act. Washington Senate Bill 5376, the Washington Privacy Act, as first proposed on January 22, 2019 and substituted February 24, 2019 applies “not only to technologies and products of today but to technologies and products of tomorrow.” If approved, it will go into effect July 31, 2021.

The Act will apply to legal entities that conduct business in Washington or produce products or services that intentionally target Washington residents. These entities must also either (1) control or process data of at least 100,000 consumers or (2) derive 50 percent gross revenue from the sale of personal information and process or control personal information of at least 25,000 consumers. Under the Act, personal data is any information that is linked or reasonably linkable to an identified or identifiable natural person.

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Europe’s data protection rules will undergo their biggest change in two decades when the new General Data Protection Regulation (“GDPR”) goes into effect on May 25, 2018. The GDPR replaces the current Data Protection Directive and imposes uniform data security requirements on all EU members. While the GDPR is “an evolution, not a revolution” for data protection, there are several significant changes for which companies should be prepared.

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